"I slipped as I was firing the gun into the air, and the gun backfired."
This is how 34-year-old police officer Mehmet Ergin from the Preventive Services Unit defended himself at court. On 27 October 2008, Ergin opened fire on two youths on a motorcycle, who did not comply with the "stop" warning and tried to escape, and caused the death of 18-year-old Cagdas Gemik.
The Supreme Court of Appeals acknowledged him to be right and asked for a reduction in the prison sentence of 16 years and 8 months handed to him by a lower court. The Supreme Court of Appeals stated that Ergin should be charged with "causing death through injury," rather than "first degree murder." It said that an error was made in judging the characteristics of the crime and overturned the decision of the lower court. As a result of the retrial, the prison sentence handed to the police officer will be between 12 and 16 years.
"Decision is unlawful "
Lawyer Munip Ermis of the Gemik family spoke to bianet regarding the decision of the Supreme Court of Appeals:
"The decision of the Supreme Court of Appeals is unlawful, because up until today, neither in the implementations of the Supreme Court of Appeals nor in the implementations regarding the Penal Code has the law been interpreted in this way. This decision does not make sense. Here is why: for Article 87/4, which is on "causing death by injury" to apply to a case, it is necessary that the injuries are not to vital organs, and that the person dies after undergoing treatment for some time..."
Lawyer Ermis reminded bianet that police officer Ergin, who is under arrest pending the outcome of the trial, stated at court that he slipped as he was firing the gun into the air and that the gun backfired. "Then, the court should either accept that the police officer slipped and thus, charge him with negligence, or if it does not accept this testimony as true, then it should charge him with first degree murder. But the Supreme Court of Appeals, with this decision, has also rejected the Penal Code."
"Courts are tolerant towards police officers "
Ermis stated that the courts are tolerant towards police officers. "This is the only reason why such deaths are very widespread," he added.
Lawyer Ermis also said that they would apply to the Supreme Court of Appeals Prosecutor's Office today for the cancellation of the decision. "We believe that the Supreme Court of Appeals Prosecutor's Office will take the case to the Criminal Board. And if we don't get a positive outcome anywhere in Turkey, we will take the case to the European Court of Human Rights (ECHR)," said Ermis. (BT)
